DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5917)

ARA FIRE PROTECTION SERVICES PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 3 OCTOBER 2016

Application for approval of the ARA Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the ARA Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the ARA Fire Protection Services Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The application was brought by the union, and the employer did not oppose the application. The agreement was entered into by the employer and the union, covering employees who are members of the union and employed by the employer. The dispute concerned the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The legal issues the court was required to decide related to whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for a fair and efficient workplace, and whether it complied with the relevant provisions of the National Employment Standards. The court had to consider whether the agreement provided for appropriate minimum wages and conditions, and whether it provided for a fair and efficient workplace. The court also had to consider whether the agreement complied with the relevant provisions of the National Employment Standards.

The court found that the agreement met the requirements of the Fair Work Act 2009 and provided for a fair and efficient workplace. The agreement provided for appropriate minimum wages and conditions, and complied with the relevant provisions of the National Employment Standards. The court was satisfied that the agreement provided for a fair and efficient workplace, and approved the agreement. The employer and union were directed to take all necessary steps to give effect to the agreement.

The court's decision was final and binding on the parties, and the agreement was approved and registered with the Fair Work Commission. The agreement will now apply to the employees covered by the agreement for the duration of the agreement. The court's decision provides clarity and certainty for both the employer and employees, and ensures that the agreement meets the requirements of the Fair Work Act 2009.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established